Adams Harrison 190th: Debs Toft’s Poem
A lovely poem written by Debra Tofts. Debra is the receptionist / administration assistant based in our Sawston office.
Archive for year: 2024
Early Conciliation; If you are considering making a claim against your Employer read this
- If you are thinking of making a claim against your Employer via an Employment Tribunal you must first of all complete an on line notification form to ACAS (Advisory, Conciliation and Arbitration Service).
- Early Conciliation is not obligatory but the completion of a notification form is.
- It does not cost anything to submit the notification form, nor does the form require detailed information.
- It will not be possible to submit a claim to an Employment Tribunal without first obtaining from ACAS a certificate number after the submission of a notification form.
- You can find the online form here.
- ACAS can guide parties through the process but cannot give legal advice.
- We can assist you with conciliation, including an early evaluation of the merits of any purported claim and the likely value if successful.
- Contact us via our contact form, by sending an email to enquiries@adams-harrison.co.uk or by calling your nearest office (numbers at the top of the page).
Family Procedure Rules Amendment April 2024
With effect from 29th April 2024, the Family Procedure Rules have been amended to promote alternative methods of resolving financial and private children disputes, other than through the court.
The background to this piece of legislation is that there is considered scope to extend non-confrontational methods by asking the parties to more formally engage with such processes, rather than defaulting to using the court. The terminology in the Rules refers to “non-court dispute resolution” (NCDR), which in addition to mediation, includes arbitration, evaluation by a neutral third party (such as private Financial Dispute Resolution procedures) and collaborative law.
Until introduction of the new rules, it was possible for either party contemplating litigation through the family courts, to attend a consultation with an accredited mediator, this being the Mediation and Information Meeting (MIAM). In the event that a party did not wish to proceed with the voluntary procedure of full mediation, they could obtain a MIAM certificate and then apply to court for a determination of their case. Under the new rules, the certification criteria will be more stringent. Mediators will be required to inform their clients about the various NCDR options available with supporting documentation, to ensure they are fully informed.
Certain exemptions from the requirement to have an MIAM certificate will remain, allowing parties to proceed directly to court proceedings. These naturally include cases of domestic violence, though the terminology is broadened to ‘domestic abuse’ in line with the Domestic Abuse Act 2021. Furthermore, the court will accept such cases on the basis of the applicant’s ‘significant financial hardship’ as opposed to ‘unreasonable hardship.’
One of the key changes is that previously the court could adjourn court proceedings in order to explore non-court options with a view to settlement, if the parties were in agreement with this method. Instead, the court may now adjourn the proceedings, in order to encourage NCDR simply “where the timetabling allows sufficient time for these steps to be taken.” In other words, the parties need not be in agreement with an adjournment.
As a deterrent to parties failing to engage in NCDR without good reason, the new rules provide that there could be cost consequences, therefore moving away from the usual initial position of ‘no order as to costs.’
During the court process, it is now a requirement that parties must file and serve on eachother a new form, (FM5), within seven working days before the first hearing. The form specifically asks parties to indicate what type of NCDR they have attended and explain why that method of resolution was not suitable in their particular case, verified with a statement of truth.
The revised Family Procedure Rules should represent a significant departure from the former use of MIAM certificates, moving parties’ conversations towards out of court settlements where possible. The emphasis will be on parties making genuine, fully considered, early attempts to fairly resolve matters without resorting to court proceedings. Time will tell whether these measures have any significant impact on court backlogs and aid resolution of issues.
Josephine Duchenne is a solicitor specialising in Family Law.
Tanya See – change of name
The partners at Adams Harrison are delighted to congratulate Tanya See on her recent marriage to Shane Norley.
With effect from 1st May Tanya will become Mrs Tanya Norley.
I had an accident at work, what are my rights?
No matter what precautions are in place, accidents at work can and do happen. Injuries caused by work accidents and employer negligence can range in severity from minor injuries to severe injuries. Importantly if you have suffered a personal injury at work and you believe your employer is to blame, you may be eligible to make an accident at work claim for compensation.
Adams Harrison Solicitors can help you and advise you about claiming compensation for an accident at work. You can contact us by phone, email or video call where we can provide a free assessment of your potential claim and if there are enough grounds to proceed we can discuss acting for you and starting your claim under a No Win No Fee basis.
In this article, we’ll explain what your rights are following an accident at work by answering some common questions we hear from our clients.
I have had an accident at work what should I do?
If you have an accident at work, you should report the accident to your employer as soon as possible, such as logging the event in the accident book.
If you are hurt, you should seek medical attention as soon as you become aware of your injuries.
You should also take photographic evidence of the accident such as photographs of any unsafe conditions that contributed to the accident – for example, if you tripped over loose cables, take a photo of the cables as evidence. It is also a good idea to take photo evidence of any injuries caused by the accident or obtain a statement from any witnesses that saw the accident or aftermath.
Can I lose my job for having an accident at work?
If you were not at fault for the accident, your employer should not dismiss you because of the accident. If your employment is terminated for this reason, you may be able to take legal action against your employer for unfair dismissal. This is where our employment law department can provide advice and representation. Even if your employer is alleging that the accident was entirely your fault you would need legal advice as to whether any dismissal or potential dismissal was fair. You may have other, employment related claims, in addition to a personal injury claim.
Can I still claim if the accident was partly my fault?
You may still be entitled to make a claim even if you were partly to blame however any compensation may be reduced to reflect the extent to which you were responsible for the accident. For example, if a claimant is found to be 50 per cent liable (legally responsible) for their own injuries, the compensation they receive will be reduced by 50 per cent. This deduction is known as Contributory Negligence. You can read about Contributory Negligence here.
Am I entitled to sick pay after an accident at work?
If you need to take time off because of injuries caused by an accident at work, check your employment contract for details about your sick pay entitlement. Usually your contract should outline whether you are entitled to Statutory Sick Pay (SSP), or a higher rate of contractual sick pay.
How long have I got to make a claim?
The law states that you have three years following an accident at work in which to make a claim for compensation. However, there are some limited exceptions to this rule and therefore please get in touch with us to allow us to advise you. We recommend that you contact us as soon as possible. The time period for an employment related claim is likely to be considerably shorter – in most cases just three months so do not delay obtaining our advice.
How much compensation can I claim?
The amount of compensation you are entitled to claim varies due to different factors such as the severity of your injuries, the time you have taken to recovery and how your injuries have impacted your life.
Compensation generally consists of two main categories:
General Damages – this covers the compensation for the pain, suffering and loss of amenity resulting from your injuries. This amount is based on the injury severity, the impact on your daily life and any long term issues. The Judicial College Guidelines sets out compensation ranges for different types of injuries.
Special Damages – These are awarded to cover specific financial losses that you have incurred as a result of your injury. This can include loss of earnings, rehabilitation costs and other out of pocket expenses. It is therefore important that you keep a record of these expenses including proof such as receipts to evidence the loss.
How much does it cost to make an accident at work claim?
Adams Harrison Solicitors can help you and advise you about claiming compensation for an accident at work. You can contact us by phone, email or video call where we can provide a free assessment of your potential claim and if there are enough grounds to proceed we can discuss acting for you and starting your claim under a No Win No Fee basis.
If you would like our assistance with an Accident of Work claim then please contact us via our website form, Telephone 01440 702485 or by email enquiries@adams-harrison.co.uk
Changes to Flexible Working Requests in the Workplace
From 6th April 2024 employees will be able to request flexible working from the first day of a job. Currently there is a minimum period of service required with an employer before being able to make a request.
What is flexible working?
A flexible working request could include asking for a change relating to:-
- The hours worked.
- The times required to work.
- A change to the place of work, including the ability to work remotely and/or from home.
There is no limit to the type of flexible requests that could be made, and the different variations.
What other changes are there?
There is no limit to the type of flexible requests that could be made, and the different variations.
At present the employee has to explain, when making a request, how they consider the flexible working being requested that could impact the employer and what effect it would have. This is no longer mandatory but considered advisable.
From April there will be a requirement that employers consult with an employee before refusing a request.
When can a request be declined?
Employers remain obliged to deal with flexible working requests in a reasonable manner. This means that a flexible working request can only be declined on certain statutory grounds as follows:-
- The burden of additional costs.
- Detrimental effect on ability to meet customer demand.
- Inability to reorganise work among existing staff.
- Inability to recruit additional staff.
- Detrimental impact on quality.
- Detrimental impact on performance.
- Insufficiency of work during the periods the employee proposes to work; or
- Planned structural changes.
If a request is refused then an appeal should be made available to the employee. There are strict time limits as to when any request should be dealt with by the employer.
What is the impact of an employer failing to deal with a request correctly?
If an employer fails to properly deal with a flexible working request then the employee can bring an Employment Tribunal claim against the employer, including on the following basis:-
- The employer has failed to deal with the application in a reasonable manner.
- The employer has failed to notify the employee of the decision within the decision period.
- The employer has rejected the application for a reason other than one of the stated statutory grounds.
- The employer’s decision to reject the application was based on incorrect facts.
- The employer has treated the application as withdrawn but neither of the grounds entitling the employer to do so applied.
A claim must be brought by an employee to an Employment Tribunal within three months of the date upon which the claim arose. The remedies available to the Employment Tribunal are limited. However, where a Tribunal finds that a claim is well founded it must make a declaration to that effect and may make either or both of the following:-
- An order for reconsideration of the request. If it does this the date of the Tribunal’s order will be treated as the date of the request.
- An award of compensation to be paid by the employer to the employee, of such amount as the Tribunal considers just and equitable, up to the permitted maximum of 8 week’s pay.
From the above it will be noted that it is very important that employers understand their legal obligations with regard to considering flexible working requests. Also, employees need to understand their rights and entitlements.
Our Specialist Employment Solicitor, Jennifer Carpenter, can advise employers and employees in relation to issues relating to flexible working. After all, in this day and age when everyone is so busy, and after a period of hybrid working as a result of the Covid 19 pandemic, flexible working requests are becoming more and more common place.
Please contact us for specific advice with regard to your circumstances, the above being a summary only of the provisions as of 6th April 2024.
Haverhill Rotary Club & District Young Citizens Awards 2024
Our partner Jack Stewart was delighted to attend the Haverhill Rotary Club & District Young Citizens Awards dinner on Monday 18th March.
Participating schools were Castle Manor Academy, Samuel Ward Academy and Linton Village College who nominated students to receive the awards for service to the school and/or the local community and for living up to the Rotary motto ‘Service above self’.
The event took place at Haverhill Golf Club and was sponsored by Adams Harrison.
Congratulations to the worthy winners:
Mandy Lilley
Elliot Bruce
Finley Sisson
Antonio Blair
Holly Eden
Employment Law Update April 2024
Greater protection for those that are pregnant or on maternity leave, adoption leave and shared parental leave from being made redundant.
New Regulations come into force on the 6th April 2024, the Maternity Leave, Adoption Leave and Parental Leave (Amendment) Regulations 2024. These Regulations extend the current legal protections that are in place from redundancy. Currently, where a redundancy situation arises when an employee is on relevant leave (i.e. maternity, adoption or shared parental leave) the employer is required to offer the employee a suitable alternative vacancy where one is available, over and above any other colleague. This protection will now be extended by the amended regulations so that it applies:-
- During pregnancy – the redundancy protection will start when the employee tells their employer about the pregnancy.
- There will be a period of additional protection after maternity leave. For those taking maternity leave the additional protected period will be 18 months after the baby is born. For those taking adoption leave the additional protected period will end 18 months after the placement of the child. For those taking six or more consecutive weeks of shared parental leave the additional protected period will end 18 months after the date of birth of the child.
These Regulations mean that employers will need to take extra care when considering redundancy situations where they have an employee afforded this protection. Failing to comply with the regulations is likely to amount to unlawful discrimination and any dismissal arising as a result of a redundancy when the regulations have been ignored would give rise to an unfair dismissal claim.
Jennifer Carpenter, our Specialist Employment Solicitor can give further legal advice to employers and employees about the Regulations and redundancy situations generally and can be contacted at enquiries@adams-harrison.co.uk
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